Judgment Reviews Law at Maldives
In the Maldives, judicial review is primarily exercised by the Supreme Court, which holds the authority to assess the constitutionality of laws, regulations, and governmental actions. This power is enshrined in the Constitution of the Maldives and further detailed in the Judicature Act 2010.
⚖️ Judicial Review Mechanisms
1. Supreme Court's Authority
The Supreme Court of the Maldives, established under Article 282 of the Constitution, serves as the highest judicial authority. It has the power to:
Interpret the Constitution: The Court can provide binding interpretations of constitutional provisions.
Review Legislation: It can assess whether laws passed by the People's Majlis align with constitutional principles.
Resolve Electoral Disputes: The Court adjudicates challenges related to presidential and parliamentary elections.
Exercise Advisory Jurisdiction: The Court can offer advisory opinions on legal questions referred by the President or the People's Majlis
2. High Court's Role
The High Court, while not the final arbiter, plays a significant role in judicial review:
Constitutional Review: It has the authority to review the constitutionality of laws and regulations.
Appellate Function: It hears appeals from lower courts and tribunals, including those involving constitutional issues.
Case Referral: In certain instances, the High Court may refer cases to the Supreme Court for final determination
📌 Key Takeaways
Constitutional Oversight:The Supreme Court ensures that laws and governmental actions comply with the Constitution
Judicial Independence:The judiciary operates independently, with mechanisms in place to review and challenge legal norms
Access to Jstice:Individuals and etities can seek judicial review through appropriate legal channels, including the High Court and Supreme Court
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